NOTICE OF MOTION
Mr. Manoj Dhanji SolankiVsMr. Rustom Nanabhoy Jeejeebhoy
CNR MHCC01001421202031-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 06th December 2023
TrustJury record updated 27 Sept 2026
Case Overview
- Registration Number
- 100559/2020
- Registration Date
- 04 Feb 2020
Advocates
2For Petitioner
For Respondent
Parties
2Petitioner
Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 12-02-2020
Business: Adv. for plaintiff present.
Adv. for defendant present.
Advocate for plaintiff tender register notice of motion no. 559/2020.
Ld. counsel for defendant submitted that he does not got time to file written reply but he want to tender written reply. He requested to allowed some time for filing written reply. Oral request is granted.
Matter adjd to 24.02.2020 for reply.
Next Purpose: REPLY
Next Hearing Date: 24-02-2020
Date: 24-02-2020
Next Purpose: REPLY
Next Hearing Date: 19-03-2020
Date: 19-03-2020
Business: None present.
As per the circular issued by Hon\''ble H.C. In view of Novel Coronavirus (COVID-19) as global pandemic by World Health Organization. No urgency. Matter adjd to 13/04/2020 for N/M reply
Next Purpose: REPLY
Next Hearing Date: 13-04-2020
Date: 13-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 28-04-2020
Date: 28-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: REPLY
Next Hearing Date: 19-05-2020
Date: 19-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 06-06-2020
Date: 06-06-2020
Next Purpose: REPLY
Next Hearing Date: 24-06-2020
Date: 24-06-2020
Business: Commercial Suit No. 234/2020
adjd to 15.07.2020.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 15-07-2020
Date: 15-07-2020
Reason For Adjournment: court time is over
Next Purpose: REPLY
Next Hearing Date: 29-07-2020
Date: 29-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 07-08-2020
Date: 07-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 20-08-2020
Date: 20-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 05-09-2020
Date: 05-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 22-09-2020
Date: 22-09-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 15.9.2020 and office order no.128 dtd.19/9/2020 of this Court, Courts shall attend the duties in two shift w.e.f. 21/9/2020.
Matter adjd to 20/10/2020 for reply.
Next Purpose: REPLY
Next Hearing Date: 20-10-2020
Date: 20-10-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.136/2020 dtd.30/9/2020 of this Court.
Matter adjd to 4/11/ 2020 for reply.
Next Purpose: REPLY
Next Hearing Date: 04-11-2020
Date: 04-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 23/11/ 2020 for reply.
Next Purpose: REPLY
Next Hearing Date: 23-11-2020
Date: 23-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 09/12/ 2020 for reply.
Next Purpose: REPLY
Next Hearing Date: 09-12-2020
Date: 09-12-2020
Business: None for plaintiff.
None for defendant.
Matter adjd to 07.01.2021 for Reply.
Next Purpose: REPLY
Next Hearing Date: 07-01-2021
Date: 07-01-2021
Business: Defendant and his Adv.absent.
Adv.Mr.Bijliwala for defendant present.
Affidavit in reply to the defendant to the NM t.o.r.
O-filed.
Matter adjd to 18.01.2021 for NM Hearing.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 18-01-2021
Date: 18-01-2021
Business: None present for plaintiff.
Adv.Bijliwala for defendant present.
Matter adjd to 11.02.2021 for NM Argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 11-02-2021
Date: 11-02-2021
Business: Sanjay T. Manek for plaintiff present.
Adv.Bijliwala for defendant present.
Matter adjd to 22.02.2021 for NM argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 22-02-2021
Date: 22-02-2021
Business: Adv.Bharti Vadkar h/f. Adv.Sanjay T. Manek for plaintiff present. She informs that Adv. Sanjay Manek is not keeping well. She seeks to post the matter on 08.03.2021 to argue the notice of motion. Time granted as last chance.
None present for defendant.
Matter adjd to 08.03.2021 for NM argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 08-03-2021
Date: 08-03-2021
Business: Adv.Sanjay Manek for plaintiff present.
Adv.Bijliwala for defendant present.
With consent matter posted for argument.
Matter adjd to 17.03.2021 for argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 17-03-2021
Date: 17-03-2021
Business: None present for plaintiff.
Adv.Dalal for defendant present.
Heard Adv. Mr.Dalal on NM No.559/20.
KB
LO
Adv.Sanjay Manek for plaintiff present.
Adv.Dalal for defendant present.
Ld.Adv.for the plaintiff had endorsed on the notice of motion to hear the notice of motion alongwith the suit. Notice of motion to be heard alongwith the suit.
Matter adjd to 15.04.2021 for statement of truth and admission and denial of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 15-04-2021
Date: 15-04-2021
Business: In pursuance of directions of the Honorable High Court and Notice dated 13.04.2021 of City Civil and Sessions Court, declaring 12.04.2021, 15.04.2021, 16.04.2021 and 17.04.2021 as holidays matter is adjourned to 20.4.2021 for admission and denial
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 20-04-2021
Date: 20-04-2021
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 09-06-2021
Date: 09-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 16-06-2021
Date: 16-06-2021
Business: Adv. Sanjay T. Manek for plaintiff present.
None present for defendant.
Due to rise in Covid cases, Adjd to 08.07.2021 for admission and denial of documents and statement of truth.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 08-07-2021
Date: 08-07-2021
Business: Adv.S.T. Manek for plaintiff present.
None present for defendant.
Application for Summons for Judgment filed by Adv. for plaintiff t.o.r. O-Leave granted to register.
Affidavit in support of summons for judgment filed by Adv. for plaintiff t.o.r.
Due to rise in Covid cases, Adjd to 27.07.2021 for report of service of summons for judgment and admission and denial.
Next Purpose: REPORT
Next Hearing Date: 27-07-2021
Date: 27-07-2021
Business: PO is on Leave.
Next Purpose: REPORT
Next Hearing Date: 20-08-2021
Date: 20-08-2021
Reason For Adjournment: court time is over
Next Purpose: REPORT
Next Hearing Date: 15-09-2021
Date: 15-09-2021
Business: Adv.S.T. Manek for plaintiff present.
Adv.Aashi Sirohiwala i/b.Z.B. and Associates for defendant present.
The plaintiff tendered registered summary judgment 03/2021 a/w. affidavit.
The defendant admits that plaintiff has served copy of summary judgment and affidavit on the defendant, hence, adjourned for reply on 29.09.2021.
Next Purpose: REPLY
Next Hearing Date: 29-09-2021
Date: 29-09-2021
Business: Adv.S.T. Manek for plaintiff present.
Adv.Aashi Sirohiwala i/b.Z.B. and Associates for defendant present.
Defendant requested time to file reply on summary judgment.
Matter adjd to 20.10.2021 for filing reply on SJ.
Next Purpose: REPLY
Next Hearing Date: 20-10-2021
Date: 20-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.28 pm
Adv.Diti Doshi i/b.S.T.Manek and Co. for plaintiff present.
Adv.Aashi Sirohiwala i/b. Z.B. and Associates for defendant present.
Defendant filed reply to application of summary judgment, Exh.5 t.o.r. Copy of same is furnished to otherside. Endorsement to that effect is made.
Matter adjd to 12.11.2021 for filing rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 12-11-2021
Date: 12-11-2021
Business: Adv.Diti Doshi i/b.Adv.S.T.Manek for plaintiff present.
Adv.Aashi Sirohiwala i/b.FZB and Associates for defendant present.
On oral request of plaintiff, adjd for filing rejoinder in summary judgment on 22.11.2021.
Next Purpose: REJOINDER
Next Hearing Date: 22-11-2021
Date: 22-11-2021
Business: Adv.Diti Doshi for plaintiff present.
Adv.Aashi Sisohiwala for defendant present.
The plaintiff filed affidavit in rejoinder (Exh.06) in summary judgment No.03/2021. Copy of same is furnished to the defendant. Endorsement to that effect is made.
Matter adjd to 15.12.2021 for argument on S.J.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-12-2021
Date: 15-12-2021
Reason For Adjournment: court time is over
Next Purpose: ARGUMENTS
Next Hearing Date: 24-01-2022
Date: 24-01-2022
Business: PO is on Leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-02-2022
Date: 10-02-2022
Business: None present for plaintiff.
None present for defendant.
KB
L.O.
Adv. Mr. S. J. Manek present for plaintiff.
None present for defendant.
On oral request and SOP, matter is adj. to 01.03.2022 for argument in SJ and NM.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-03-2022
Date: 01-03-2022
Business: Adv. Mr. S. T. Manek present for plaintiff.
None present for defendant.
KB
L. O. at 11.40 p.m.
The learned advocate for the plaintiff submits that settlement talks are in progress. Hence, matter is adjourned to 28.03.2022 for hearing of Summary Judgment.
Next Purpose: HEARING
Next Hearing Date: 28-03-2022
Date: 28-03-2022
Business: None present for plaintiff.
Adv.Dalal for defendant present.
KB
LO at 11.59 am,
Adv.Diti Doshi h/f.S.T. Manek for plaintiff present.
Matter adjd to 28.04.2022 for hearing.
Next Purpose: HEARING
Next Hearing Date: 28-04-2022
Date: 28-04-2022
Business: PO is on leave
Next Purpose: HEARING
Next Hearing Date: 05-07-2022
Date: 05-07-2022
Business: None Present for Plff.
Adv. Dalal Present for Deft.
Adv of deft contended that, two connected matters between the same parties regarding the same subject matter are pending before the CR. No.31 and therefore he is going to file transfer application before Hon’ble PJ.
Adj. For Hearing of SJ on 29/07/2022.
LO 12.00
Adv Diti Doshi Present for Plff.
Adj. For Hearing of SJ on 29/07/2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 29-07-2022
Date: 29-07-2022
Reason For Adjournment: court time is over
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 23-08-2022
Date: 23-08-2022
Business: Adv. Sanjay Manek for plaintiff present.
Adv. Kalyani Deshmukh for defendant present
At the request of adv. for defendant matter is adjourned.
Adjd for NM hearing to 14/09/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-09-2022
Date: 14-09-2022
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-10-2022
Date: 20-10-2022
Business: Adv. Doshi for plaintiff present.
Adv. Kalyani Deshmukh for defendant present.
Time sought for argument on NM No.559/20. Matter adjd as a last chance.
Matter adj for argument on NM No.559/20 on 18.11.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-11-2022
Date: 18-11-2022
Business: Adv. Diti Doshi for plaintiff present.
Adv. Kalyani Deshmukh for defendant present.
It is pointed out by adv. for defendant that as per roznama dt. 17.03.2021 It was observed that notice of motion be heard along with suit. But in view of submission of both sides NM No. 559/20 be heard along with main suit.
Adjd for hearing on Summary judgment no. 03/19 along with NM no. 559/20 to 16/12/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-12-2022
Date: 16-12-2022
Business: Adv. Diti Doshi for plaintiff present.
Adv. Zubin Dalal for defendant present.
Adjd for NM hearing to 06/01/2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-01-2023
Date: 06-01-2023
Business: Adv .S. T. Manek for plaintiff present.
Adv. Kalyani Deshmukh for defendant present and filed draft summary judgment along with documents O- Leave granted to register summary judgment. Copy of summary judgment is received by plaintiff.
Adjd for reply on summary judgment to 10/02/2023
Next Purpose: REPLY
Next Hearing Date: 10-02-2023
Date: 10-02-2023
Business: P.O. is on leave.
Next Purpose: REPLY
Next Hearing Date: 17-03-2023
Date: 17-03-2023
Business: Adv. S T Manek a/w Adv. Diti Doshi for plaintiff present and sought time for reply.
Adv. Kalyani Deshmukh for defendant present.
Case is adjourned to 10.04.2023 for reply.
Next Purpose: REPLY
Next Hearing Date: 10-04-2023
Date: 10-04-2023
Business: Adv Diti Doshi h/f S.T. Manek and Co. for plaintiff is present.
Adv. Kalyani Deshmukh for defendant is present.
By consent, case is adjourned for reply, NM hearing to 04-05-2023.
Next Purpose: REPLY
Next Hearing Date: 04-05-2023
Date: 04-05-2023
Business: Adv. Diti Doshi for plaintiff is present.
Adv. Kalyani Deshmukh for defendant is present and tendered original registered Summary Judgment No. 02 of 2023 along-with affidavit t.o.r.
ld adv for plaintiff filed draft Notice of Motion along-with affidavit and summary judgement reply O- Leave granted to registered NM.
Copy of draft NM and summary judgement reply is served to the other side.
Case is adjourned for tendering original registered Notice of motion a/w affidavit to 27-06-2023.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 27-06-2023
Date: 27-06-2023
Business: Mr. Manoj Dhanji Solanki Vs Mr. Rustom Nanabhoy Jeejeebhoy
Adv. Sanjay. T. Manek present for plaintiff.
Defendant side called, but absent.
Parties to take step regarding pending application.
Matter adjourned to 21.07.2023 for argument on pending application.
Later on at 17.00 Hrs.
Adv. Diti Doshi present for present.
She filed registered Notice of Motion No. 2263/2023.
Other side to say.
Matter adjourned to 21.07.2023 for argument on pending application.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-07-2023
Date: 21-07-2023
Business: Mr. Manoj Dhanji Solanki Vs Mr. Rustom Nanabhoy Jeejeebhoy
All called, but absent
Matter pending for arguments on Notice of Motion.
Parties to take steps, else put for necessary orders.
Adjourned to 04.09.2023 for arguments.
Later on at 12.25 Hrs.
Adv. Kalyani Deshmukh present for defendant.
Adjourned to 04.09.2023 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-08-2023
Date: 04-08-2023
Business: Mr. Manoj Dhanji Solanki vs. Mr. Rustom Nanabhoy Jeejeebhoy.
Adv. Reshma Salunkhe present for plaintiff.
None for defendant.
Connected matter between the parties is posted on 04.09.2023.
Matter adjourned to 04.09.2023 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-09-2023
Date: 04-09-2023
Business: Mr. Manoj Dhanji Solanki Vs Mr. Rustom Nanabhoy Jeejeebhoy
Adv. S. T. Manek and Adv. Reshma Salunke present for plaintiff.
Adv. Pearl Majithia present for defendant.
Heard both sides.
Through Notice of Motion No. 2263 / 2023, plaintiff is seeking condonation of delay of 85 days in filing reply to Summary Judgment of defendant.
The Notice of Motion is not objected by the defendant.
Hence, it stands allowed.
The delay occurred to the plaintiff in filing reply is condoned.
His reply is taken on record as Exh.11.
Proceeding of Notice of Motion 2263 / 2023 stands disposed off.
All three suit of 2019, 2020.
Parties to expedite.
Matter adjourned to 21.09.2023 for Completion of pleading and arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-09-2023
Date: 21-09-2023
Business: Mr. Manoj Dhanji Solanki Vs Mr. Rustom Nanabhoy Jeejeebhoy
Court hall shifted from 3rd Floor to 1st Floor on 16.09.2023.
Adv. Sanjay T Manek present for plaintiff.
Adv. Zubin Dalal present for defendant.
Both counsel are seeking oral adjournment.
Matter adjourned to 18.10.2023 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-10-2023
Date: 18-10-2023
Business: Manoj Solanki V/s Nanabhoy Jeejeebhoy
Adv. S. T. Manek and Adv. Reshma Salunke present for plaintiff.
Adv. Zubin Dalal present for defendant.
Heard both sides on Summary Judgment No.5/2021, 01/2023, 03/2021, 02/2023, 04/2021 and 03/2023 from all three Commercial Suits No.188/2019, and CS No.189/2019 and CS No.01/2020.
Case adjourned to 20.10.2023 for Order.
Next Purpose: ORDER
Next Hearing Date: 20-10-2023
Date: 20-10-2023
Business: Manoj Solanki V/s Rustom Nanabhoy
Adv. Reshma Salunke present for plaintiff.
Defendant side called, but absent.
FRSR following order is passed
ORDER
1. Summary Judgment No. 100003 / 2021 (preferred by plaintiff) is dismissed.
2. Summary Judgment No. 100002 / 2023 (preferred by defendant) is dismissed.
3. Proceeding of Summary Judgment No. 100003 / 2021 and Summary Judgment No. 100002 / 2023 are closed.
4. Order dictated and pronounced in Open Court.
5. Both sides be informed about their right to challenge this Order and period of limitation for the same.
6. The record of Summary Judgment shall be part and parcel of the main Commercial Suit No. 100189 / 2019.
Case adjourned to 06.12.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-12-2023
Date: 06-12-2023
Business: Mr. Manoj Dhanji Solanki V/s Rustom Nanabhoy Jeejeebhoy
Adv. Reshma Salunkhe present for plaintiff.
Defendants side called but absent.
Plaintiff submitted that the pending Notice of Motion No. 10559/2020 be heard along with the suit.
Perusal shows that the plaintiff had filed Notice of Motion No. 100559/2020 for interim reliefs against the defendants.
Roznama dt. 18.11.2022 shows that the said notice motion is ordered to be heard along with the suit.
Therefore, the proceeding of Notice of Motion No. 10559/2020 is disposed of for want of prosecution.
Nature Of Disposal: OTHER
Disposal Date: 06-12-2023Additional Case Details
Additional Case Details
Filing Number: 101567/2020 Filing Date: 04-02-2020 First Hearing Date: 12th February 2020 Decision Date: 06th December 2023 Court Number And Judge: 31-COURT 31 ADDL SESSIONS JUDGE
Orders
1Final Order 106 Dec 2023
06 Dec 2023
Order Details: Notice of Motion Pdf Text: 06.12.2023 Coram : HHJ Shri V. S. Hingne, Additional Judge, (Court Room No.31) Sr. No.42 Commercial Suit No. 189/2019 NM 559/2020 Mr. Manoj Dhanji Solanki V/s Rustom Nanabhoy Jeejeebhoy Adv. Reshma Salunkhe present for plaintiff. Defendants side called but absent. Plaintiff submitted that the pending Notice of Motion No. 10559/2020 be heard along with the suit. Perusal shows that the plaintiff had filed Notice of Motion No. 100559/2020 for interim reliefs against the defendants. Roznama dt. 18.11.2022 shows that the said notice motion is ordered to be heard along with the suit. Therefore, the proceeding of Notice of Motion No. 10559/2020 is disposed of for want of prosecution. Hence, parties to file their admission and denial on next date. Case adjourned to 15.02.2024 for admission and denial of documents. Judge -- 1 of 1 --
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